Product Regulation and Metrology Bill [HL]

Debate between Lord Hunt of Kings Heath and Lord Sharpe of Epsom

Committee stage
Monday 25th November 2024 Grand Committee

[Lord Sharpe of Epsom (Con)]

My Lords, I thank noble Lords who have spoken in this debate. I will speak to Amendment 16 in the name of the noble Lord, Lord Fox, which was introduced by the noble Baroness, Lady Brinton.

Regarding the EU’s REACH scheme, I shall refer to a specific example which relates to my time at the Home Office in the previous Government. It relates to cosmetics, as outlined by the noble Baroness, Lady Brinton, and my noble friend Lady Lawlor. In 2019, the Home Office aligned UK policy with two decisions by the European Chemicals Agency board of appeal which related to the testing on animals for the registration of cosmetics-only substances—specifically homosalate and 2-ethylhexyl salicylate. The marketing of cosmetics tested on animals is banned in the EU under cosmetics products regulation, but the ECHA—the European Chemicals Agency—confirmed that under REACH substances used solely in cosmetics may sometimes be tested on animals, as a last resort, to prove their safety for workers or the environment.

An NGO called Cruelty Free International, quite rightly, in my view, took the Government to court arguing that the UK’s alignment in effect led to the weakening of the long-standing—I think it was a 25-year—ban on animal testing of cosmetics and cosmetic ingredients. The UK court found in the Government’s favour but as the then Minister for Animals in Science, which somewhat surprisingly sits with the Home Office, the Home Secretary and I were firmly of the opinion that this was unjustified, so as of May 2023 we decided that no new licences should be issued to carry out this function. A small number of licences had been issued between 2019 and 2022.

The noble Baroness, Lady Brinton, and the noble Lord, Lord Browne, made persuasive arguments about why it might be in this country’s interest to align with the EU but, equally, it might not be, and this is a very nuanced subject. Failings of the domestic chemicals regulator—real or imagined—are an entirely separate subject. Alignment with, or invention of, our own rules that suit our national and public interest most definitely is in our interest. When I say public interest, in this case 76% of the public are against animal testing according to the RSPCA. So can I ask the Minister to guarantee that this ban on new licences in these cases will be maintained? I am disappointed that the noble Lord, Lord Fox, is not here because I was going to ask him if, in the spirit of nominative determinism, he would withdraw his Amendment 16. However, I say to the noble Baroness, Lady Brinton, that it certainly raised hackles, not necessarily human ones.

On the subject of dynamic alignment, I have two questions for the Minister about an apparent contradiction in our debates last Wednesday. I pored over Hansard, and I found that he said:

“If the UK makes a sovereign decision to mirror EU provisions, the Bill provides the mechanism and flexibility, on a case-by-case basis, to do so. This would avoid primary legislation each time technical changes are needed and would increase the certainty that businesses are crying out for”.—[Official Report, 20/11/24; col. GC 74.]


However, he went on to say:

“The powers in the Bill do not allow regulations to make automatic or ambulatory references to changing EU law. I reassure noble Lords that the Government will return to Parliament to make any changes to references to EU law within our regulations”.—[Official Report, 20/11/24; cols. GC 74-5.]


On careful reading, these statements seem a bit contradictory. So, although I am totally willing to be persuaded otherwise, perhaps the Minister could write to explain to the Committee exactly what is proposed and what was meant. If I am being particularly thick, I would be very happy for him to explain why.

[The Minister of State, Department for Energy Security and Net Zero (Lord Hunt of Kings Heath) (Lab)]

My Lords, I thank noble Lords who have spoken, particularly the noble Baroness, Lady Brinton, who spoke to the amendment in the name of the noble Lord, Lord Fox.

From listening to the debate, I suggest that the defects identified are not so much in this Bill or other legislative provisions that we have in place but more, as my noble friend suggested, in the energy with which the previous Government used the provisions at hand., I shall first explain why this is covered in existing legislation, and then I will come on to the energy, if you like, with which this Government will approach these important matters. I shall also set out the distinction between the regulation of chemical substances under REACH and other regulations, and the regulation of consumer products that contain chemicals.

The UK has a comprehensive regulatory framework for the use of chemicals. The REACH—registration, evaluation, authorisation and restriction of chemicals—regulation controls the manufacture, import, supply and safe use of chemical substances. The CLP—classification, labelling and packaging—regulation requires companies to classify, label and package their hazardous chemicals before placing them on the market. The REACH model operates in both the UK and the EU, but the systems have been independent since UK REACH entered into force on 31 December 2020, after we left the EU, and the EU REACH regulation was brought into UK law. So the regulation of chemicals must be managed separately under UK REACH and EU REACH.

REACH ensures a high level of protection for human health and the environment from risks imposed by chemicals. This includes minimising harm to workers who may handle chemicals during manufacturing processes, as well as minimising health impacts on our population and environmental damage from chemical substances. Chemical safety is governed by several interacting regimes. For example, certain products regulated by sector-specific regulations, such as cosmetics or toys, may contain chemicals that are also regulated by REACH and CLP. One of the aims when applying these regimes is to avoid putting in place overlapping or conflicting duties, which is the issue that we would have with the amendment in the name of the noble Baroness, Lady Brinton. That amendment risks having overlapping or conflicting duties.

I know that the noble Baroness mentioned Defra, but the Secretary of State for Defra already has powers to amend UK REACH through the Environment Act 2021 and through REACH itself, which sets out a bespoke regime for imposing restrictions and other regulatory controls on chemical substances. The primary statutory purpose of UK REACH is to ensure a high level of protection for human health and the environment from substances that contain chemicals. In some cases, animal studies may be necessary to understand these human health or environmental hazards but, of course, I very much take on board the noble Lord’s point about animal testing, and I know of no plans to change the rules laid down by previous Ministers on that.

The Bill, as we know, relates to consumer products, and the definition of “product” stated in the Bill means that many of the substances regulated under REACH, and the ways they are used, are out of scope of the powers, regardless of these amendments. It should also be noted that the provision in Clause 1(2) is limited to the mitigation of the environmental impact of products. This limitation is reinforced in Amendment 51. As I have already commented, changes to REACH may be prompted by human health and safety, rather than environmental, considerations. The UK REACH work programme, published annually, sets out the work that has been done under UK REACH.

The fact is that the amendment would not provide the Secretary of State with the powers sought by the noble Baroness. We think the powers within UK REACH enable human health and environmental concerns to be considered alongside each other, where necessary. Existing sector regulations, such as those for cosmetics and toys, already include powers for the Secretary of State to regulate the use of chemicals in specific products beyond the overarching restrictions that can be applied under UK REACH. These powers can be, and already have been, used to make provision by regulation in UK law that corresponds, or is similar to, provision in relevant EU law. Such changes to UK regulations have been informed by independent expert scientific advice provided to the Office for Product Safety and Standards by the scientific advisory group on chemical safety for non-food and non-medicinal consumer products.

We have used these powers to make regulatory changes based on advice from that advisory group, following the EU’s introduction of new or amended prohibitions on the chemicals used in cosmetics and toys. My understanding is that, in some circumstances, the Government implemented scientific advice that was different from advice received by the EU. I am sure that the previous Government would have said that this demonstrated regulatory sovereignty to choose what products can be placed on the GB market and also demonstrated our status as a global leader in product regulation, supporting businesses and protecting consumers.

Powers in the Bill, alongside existing sector regulations, will ensure that we are able to regulate the use of chemicals in consumer products, including cosmetics and toys, as well as other consumer products with similar chemical exposure risk, so we will be able to continue to protect consumers from product-related harm. The noble Baroness, Lady Brinton, asked whether chemicals blocked in Britain but permitted in the EU would be available for use in this country. If we decided to ban chemicals that the EU continued to permit, those chemicals would not be permitted to be used for the GB market, because we have sovereignty.

I will confirm the point made by the noble Lord, Lord Sharpe, on animal testing. The ban on using animals to test cosmetic products or ingredients has been in place, as he said, since 1998. We do not wish to revise the ban and do not wish to risk any unintended consequences that might result from bringing REACH within scope of the Bill.

On my noble friend Lord Browne’s point on the pace of reform, at the moment the Government are pursuing a programme of work on a wide range of hazardous substances to gather evidence of risk and exposure pathways. Publishing the work programme 2024-25 late in the financial year has not prevented the continuing development of ongoing streams. Obviously, the UK work programme 2024-25 was prepared under the previous Government. Once approved by Ministers, it will be published on the Health and Safety Executive’s website. But let me say that I understand the essential point that has been raised. My point is that there is nothing wrong with the legislative framework. The point of contention is the vigour with which any Government use their sovereign powers in the way that noble Lords want.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

My Lords, I thank the noble Lord, Lord Lucas, for his proposed amendments to Clause 2, which, as highlighted by the Delegated Powers and Regulatory Reform Committee, has been recommended for removal due to the broad and vague nature of the powers it grants. The liability for regulations and charges related to products is a matter of extreme importance. Without clear guidelines and transparent information, businesses could face significant uncertainty, which in turn undermines their ability to comply effectively.

The Government’s focus on clarity in other areas will ring hollow if they fail to address the critical need for clarity in liabilities—an issue that the amendments in the name of the noble Lord, Lord Lucas, seek to address directly. Regarding Amendment 20, by ensuring that products are marked with clear and comprehensive information, such as origin, local representation and ownership, we can establish clear responsibility for product compliance. This would not only improve regulatory transparency but foster trust with consumers and businesses alike.

I urge the Government to take this opportunity to acknowledge the importance of clear liability and responsibility frameworks. Although these amendments are to Clause 2, and we continue to discuss its broader issues, nevertheless the noble Lord’s proposed changes are a necessary step towards ensuring both accountability and transparency in product regulations.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I am grateful to the noble Lords, Lord Lucas and Lord Sharpe, for their comments in this interesting debate. I am glad that the noble Lord, Lord Lucas, was able to meet my noble friend and officials. I am sure they have taken note of his concerns, although he obviously has some reservations about that. I have also noted the comments of the noble Lord, Lord Sharpe, about the shape of the Bill, which we have already well debated and no doubt will continue to do so.

Despite the noble Lords’ concerns about the Bill, the fact is that we are trying to produce a workable yet robust framework for regulating product safety in what I think we all acknowledge is a rapidly changing and evolving marketplace. We want to ensure that businesses, whether operating through traditional channels or online marketplaces, are held accountable for the safety of the products they distribute. The Bill’s approach is targeted, addressing the need for traceability and enforcement while avoiding excessive regulatory burdens that could stifle innovation and growth. I believe most noble Lords think that is the right balance, although some are somewhat critical of the way in which we have sought to do it in the Bill.

Amendments 20 and 24 in the name of the noble Lord, Lord Lucas, propose to allow regulations to make requirements in relation to the marking of products, including their origin, the identity of the local representative, their value and their beneficial ownership, while also allowing regulations to require authorised representatives to accept liability and demonstrate financial strength. The amendments reflect important concerns, particularly around traceability and accountability, especially in the context of online marketplaces: for example, where a product creates a consumer safety concern, or the circumstances which the noble Lord mentioned in his introductory speech. Our view is that Clause 2(2)(e)(ii) and Clause 2(3) already provide the necessary mechanisms to ensure that authorised representatives and other relevant parties carrying out activities in relation to a product can clearly be identified for product safety purposes.

While I can see where the noble Lord is coming from with the proposed additional requirements, such as marking the product’s value or beneficial ownership, they would create an additional administrative burden for businesses without providing significant additional benefits for consumers or enforcement. The Bill as drafted aims to ensure that sufficient information is available for product safety and enforcement and we are not convinced that the extra information would offer clear advantages in those areas.

Product Regulation and Metrology Bill [HL]

Debate between Lord Hunt of Kings Heath and Lord Sharpe of Epsom

Committee stage
Wednesday 20th November 2024 Grand Committee

[Lord Hunt of Kings Heath (Lab)]

My Lords, I say at once that I pay due regard to the Civil Service and the advice I receive, but these are the words of Ministers. There is a judgment here that you do not want to add legislation where you already have it. The point the noble Baroness makes is that the legislation is not being used effectively. The whole point of the Secretary of State for the Environment, Food and Rural Affairs’s task force is to look at the progress we are making and to refocus in relation to the circular economy. I hope the noble Baroness will not think that this is a damp squib of an answer because we take what she says very seriously. Of course, we will be happy to meet her and the noble Lord, Lord Fox, to discuss this important matter further.

[Lord Sharpe of Epsom (Con)]

My Lords, I reassure the noble Baroness that my fridge is more than 20 years old, and I have a very good mobile-phone repairer.

National Crime Agency: Fraud and Economic Crime

Debate between Lord Hunt of Kings Heath and Lord Sharpe of Epsom

Monday 11th September 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I cannot speculate on that Act but the anti-fraud champion, Anthony Browne MP, has been having some close engagement with industry. An online sector charter—which I appreciate is not entirely the same thing but is certainly related—is due to be published in the autumn, so we should watch and wait for that.

[Lord Hunt of Kings Heath (Lab)]

My Lords, Hourglass, the charity particularly concerned with abuse of older people, has drawn attention to the problems of economic crime and financial abuse that affect many older people. Is this being taken forward by the agency as an area that it needs to give more attention to?

[Lord Sharpe of Epsom (Con)]

The noble Lord makes an extremely good point that we should not forget the victims of economic crime. I want to make two points here. First, the fraud strategy looks at three aspects of this crime: pursuing the individuals doing it, empowering people to avoid it—which takes in the victims the noble Lord describes—and preventing the scams and whatnot taking place in the first instance. Secondly, as the noble Lord will be aware, Action Fraud is being redesigned, which will help. Already, anybody who reports to Action Fraud where vulnerabilities are detected will receive a bespoke counselling service after they have engaged with it.

Vagrancy Act 1824

Debate between Lord Hunt of Kings Heath and Lord Sharpe of Epsom

Wednesday 17th May 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for the history lesson.

[Lord Hunt of Kings Heath (Lab)]

My Lords, can the Minister explain why the Government need to spend an inordinate amount of time looking at what to replace the Vagrancy Act with, having said that they will rescind it? Why will they not spend a similar amount of time on EU regulations?

[Lord Sharpe of Epsom (Con)]

That is well beyond the scope of this Question, but I am sure that everyone will have heard the noble Lord’s point.

Police Misconduct Cases

Debate between Lord Hunt of Kings Heath and Lord Sharpe of Epsom

Monday 6th February 2023 Lords Chamber

[Lord Hunt of Kings Heath (Lab)]

My Lords, in the circumstances of the case raised by the noble Lord, is the Minister saying, in effect, that there are absolutely no circumstances under which the Home Office will intervene, even though this case is continuing not to be dealt with, month after month? He will know that under Section 40 of the Police Act 1996, the Home Secretary can intervene if a PCC is not being effective. Why will the Home Secretary not intervene?

[Lord Sharpe of Epsom (Con)]

My Lords, as I say, I am unable to comment on ongoing cases. I know that irritates the House and I apologise for doing so, but there are specific circumstances which make me unable to comment.

Banks: Forged Customer Signatures

Debate between Lord Hunt of Kings Heath and Lord Sharpe of Epsom

Monday 16th January 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I completely agree with my noble friend that we should look at the fraudsters. Regarding Action Fraud, we are providing £10 million to the City of London Police this year to support the upgrade in the Action Fraud service. A project is under way to transform the Action Fraud website, where the public can report fraud and cybercrime. That is part of the continuous improvements to the national service, which will be fully upgraded by 2024.

[Lord Hunt of Kings Heath (Lab)]

My Lords, why are the Government taking so long to produce the promised national fraud strategy? Also, why is less than 1% of police activity concentrated on dealing with financial fraud?

[Lord Sharpe of Epsom (Con)]

Regarding the national strategy, the noble Lord makes a very good point. I committed at the Dispatch Box that it would be out before the end of last year. However, I can confirm that it is being discussed cross-departmentally and is imminent. If noble Lords are interested, I am happy to set up a briefing so that we can discuss it in greater detail as soon as it is published.

Police and Crime Commissioners and Panels

Debate between Lord Hunt of Kings Heath and Lord Sharpe of Epsom

Monday 31st October 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I made it clear that there is a transparency and accountability issue. I am grateful to my friend Katy Bourne, the Sussex police and crime commissioner. She tells me that PCCs are more visible and approachable than the police authorities that they replaced. Many hold monthly accountability meetings with their chief constable, often online, which the public can attend and contribute to.

[Lord Hunt of Kings Heath (Lab)]

My Lords, surely the ultimate test of the PCC system and the panels is whether policing has improved as a result of the legislation that the Government brought in. Surely the general concern about the overall performance of police forces is an indication that the system is not working.

[Lord Sharpe of Epsom (Con)]

I am obviously aware of the noble Lord’s long engagement with this subject, but I do not agree; there are lots of reasons why things have happened.

Ukraine: Visa Restrictions for Refugees

Debate between Lord Hunt of Kings Heath and Lord Sharpe of Epsom

Monday 28th February 2022 Lords Chamber

[Lord Hunt of Kings Heath]

To ask Her Majesty’s Government whether they will remove all visa restrictions for refugees coming from Ukraine.

[Lord Sharpe of Epsom (Con)]

My Lords, I am sure that the thoughts and prayers of your Lordships’ House are with all those in Ukraine. This Government stand with Ukraine. However, a visa waiver is not the solution to the challenges faced by Ukrainians. Visas are an important security tool. In addition, there are now no direct travel routes from Ukraine to the UK. The safest route for people to leave Ukraine is via neighbouring countries to the west. We have made changes to the immigration system to support both British nationals and their families in Ukraine, and Ukrainians in the UK. My right honourable friend the Home Secretary has announced additional support measures today.

[Lord Hunt of Kings Heath (Lab)]

My Lords, that is a very disappointing response to the critical position which so many people face in Ukraine. Last week, the Prime Minister said that this country would do what it has always done and receive those who are in fear of persecution. So far, however, all that has been done is to allow immediate family members or fruit pickers to apply for visas. It has been a shameful response.

I believe that the Refugee Council spoke for the British people when it made a plea for the Government to immediately establish safe routes and to work with the EU and others. Will the Government take in those refugees without their having to apply for asylum?

[Lord Sharpe of Epsom (Con)]

I think it might be helpful to refer to some of the things that my right honourable friend the Home Secretary announced earlier today. She said:

“Ukrainian nationals on an existing points-based system route … can extend their leave in the UK … Ukrainian nationals on an existing visitor visa can exceptionally switch into a points-based system immigration route without having to leave the UK … Ukrainian nationals on an existing visitor visa can apply under the family route for further leave without meeting the immigration status requirement, provided they meet the requirements for leave based on exceptional circumstances … Ukrainian nationals on an existing seasonal worker visa will have their leave in the UK extended to 31 December 2022.”


The noble Lord also referred to some of the measures which have been taken with regard to families. I apologise for the long answer, but I will also say that we have surged staff to visa application centres in neighbouring western countries.